How to File a Complaint Against a Virginia Landlord

In this article, we go over different ways you can file a complaint against your Virginia landlord, including:

1. sending a formal letter to your landlord, 

2. filing a government complaint with either a federal or Virginia government agency that regulates landlords, 

3. filing a BBB complaint, and 

4. suing in small claims court.

Did you know we have a free AI-powered tool that helps you create a complaint letter to your landlord? Check out our complaint letter tool.

Common Types of Complaints and Lawsuits Against Landlords

Here are some common complaints we see tenants have against their landlords:

• Your landlord refuses to return your security deposit after you move out.

• Your lease terms have been breached. For example, your landlord increased the rent before the lease term was over, violating (breaching) the terms of the lease agreement.

• Your landlord has violated Virginia’s implied warranty of habitability. “Warranty of Habitability” means that regardless of any contradicting lease term, your landlord is required to keep your unit in a habitable condition at all times.

• You are being harassed by your landlord.

• You experienced discrimination based on your race, ethnicity, gender, sexuality, disability, familial status, etc. For example, you were denied renting an apartment due to your gender.

• Your landlord refuses to make necessary repairs to the rental unit as per the lease terms.

• Your landlord refuses to do anything about excessive noise or other issues you are having with your neighbors.

Contact Your Landlord and Communicate Your Complaint

Informal Communication

Your first step should always be to try and resolve the problem directly with your landlord. Directly resolving the complaint with your landlord will save you time, money, and stress down the road. 

If you've never had issues with your rental before but now have complaints about common spaces, security deposit disputes, or other issues, start by sharing your concerns with your landlord by email or phone. Make sure you keep copies of the emails and texts and also write down the dates and times of every phone call with notes for each call.  

Escalate to Formal Communication

If your landlord ignores your informal requests, consider writing a formal letter, like a demand letter or complaint letter. This way, you can outline your requests in the letter and notify your landlord that you will seek further action if the issue is not resolved.

Here are some other reasons why you should consider sending a formal letter to your landlord:

1. Proof that you tried to resolve the problem out of court. If you end up filing a small claims action against your landlord, the judge in your case may ask you at your small claims hearing if you sent your landlord a demand letter before suing. By sending a written demand letter, there is a record of your attempt to settle that you can demonstrate to the judge.

2. You may resolve the problem without going to court. A demand letter signals to your landlord that you are serious about the problem and willing to take action to resolve it. They know that it is cheaper to resolve the problem out of court, so they may agree to resolve the problem. 

3. Many city or government agencies would like to see that you tried to resolve the problem on your own before filing a complaint. You can provide your formal letter as proof of your efforts. 

Did you know we have a free AI-powered tool that helps you create a complaint letter to your landlord? Check out our complaint letter tool.

Here is a video on how our letter-writing tool works:

File a Complaint With a Government Agency

Depending on the type of complaint you have against your landlord, you may be able to submit a complaint to a federal, state, or local government agency. 

U.S. Department of Housing and Urban Development

If you're wondering where to complain about a private landlord, you have options. The U.S. Department of Housing and Urban Development (“HUD”) handles complaints against landlords who receive assistance from the federal government. 

HUD is a federal agency (it is also a cabinet department) responsible for addressing America's housing needs, enforcing fair housing laws, and more. For example, HUD runs the Multifamily Housing Complaint Line, which enables tenants of HUD-insured and assisted properties to report complaints such as poor maintenance, dangers to health and safety, mismanagement, and fraud.

Below are instructions for how to report a bad landlord to HUD:

If your landlord or complaint doesn’t fall under HUD’s jurisdiction, continue reading below. 

Continue reading: Reddit thread on how other Virginia tenants have handled a complaint against a landlord.

File a Complaint With the Appropriate State or City Agency

You may be able to file a complaint against your landlord with a local government department in the county/city in which the property is located. For example, if you reside in Fairfax County, the Fairfax County Consumer Services Division provides tenants with a place to direct their landlord complaints and mediate tenant-landlord disputes. Check your local county government for additional support.

Below we have included information on how to report your landlord or apartment complex to a local housing authority, state or city agency, or various rental boards in Virginia:

If your complaint is outside the jurisdiction of the Virginia Fair Housing Office or Fairfax County Consumer Services, continue reading below. 

File a Complaint With the Better Business Bureau 

The Better Business Bureau (BBB) is a non-profit that serves as an intermediary between landlords and consumers. You will not find an individual landlord on the BBB. The larger the landlord you rented from, the more likely they are to be found on the BBB.   For additional information, read our article on how to file a complaint with the BBB.

Reasons why a large landlord would respond to a BBB complaint: 

1. If your landlord is accredited with the BBB and doesn't respond to a BBB complaint, its accreditation may be revoked, and the complaint becomes part of its BBB profile.

2. Landlords know that a BBB rating can be an important determining factor when a prospective renter is deciding to rent with that landlord.

Consider Suing Your Landlord in Small Claims Court

Have you filed a complaint with one of the above organizations or state/city agencies and still have not been able to resolve your landlord/tenant issue? It may be time to consider suing your landlord in a Virginia Small Claims Court. Small claims courts handle a variety of issues related to landlord/tenant disputes.

Don't forget about our free tool powered by AI that helps you create a complaint letter to your landlord. Check out our complaint letter tool.